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registration of documents act
Introduction
The Registration of Documents Act (Cap. 285) is a significant piece of legislation in Kenya that governs the registration of various documents, particularly those related to immovable property. This Act ensures that certain documents are registered to provide legal recognition and to facilitate the management and transfer of property rights. This response will delve into the key aspects of the Registration of Documents Act, its requirements, procedures, and relevant case laws.
Table of Contents
Overview of the Registration of Documents Act
Key Provisions of the Act
2.1 Documents Subject to Registration
2.2 Timeframe for Registration
2.3 Procedure for Registration
2.4 Rejection and Re-presentation of Documents
Amendments and Modernization
Relevant Case Laws
Conclusion
Sources
1. Overview of the Registration of Documents Act
The Registration of Documents Act (Cap. 285) was enacted to provide a legal framework for the registration of documents in Kenya. The primary objective of the Act is to ensure that certain documents, especially those related to immovable property, are registered to provide legal recognition and facilitate the management and transfer of property rights. The Act outlines the types of documents that must be registered, the procedures for registration, and the consequences of failing to register such documents.
2. Key Provisions of the Act
2.1 Documents Subject to Registration
The Act specifies the types of documents that must be registered. These include:
Deeds of conveyance
Mortgages
Leases
Powers of attorney
Any other documents that affect the title to or interest in immovable property
The Act also allows for the registration of other documents at the discretion of the registrar.
2.2 Timeframe for Registration
According to the Act, every document that is required to be registered must be registered within two months after its execution. If the document is executed outside Kenya, it must be registered within two months after its arrival in Kenya.
(Source: Kenya Law Reports ↗)
2.3 Procedure for Registration
The procedure for registering documents under the Act involves the following steps:
Presentation of Documents: The document must be presented to the registrar along with the prescribed forms and fees.
Verification: The registrar verifies the document to ensure it meets the requirements for registration.
Entry in the Register: Once verified, the document is entered into the register, and a registration number is assigned.
Issuance of Certificate: A certificate of registration is issued to the person presenting the document.
2.4 Rejection and Re-presentation of Documents
If a document is rejected for registration, it must be accompanied by a fresh set of forms of application duly completed when re-presented. The fee for re-presentation must also be paid.
(Source: Kenya Law Reports ↗)
3. Amendments and Modernization
The Registration of Documents Act has undergone several amendments to modernize and streamline the registration process. Notably, the Business Laws (Amendment) Act, 2020, introduced provisions for the digitization and electronic registration of documents. This amendment extended the establishment, maintenance, and registration of documents to include electronic formats, thereby enhancing efficiency and accessibility.
(Source: CMS Law ↗)
4. Relevant Case Laws
Kaps Parking Limited & Another v County Government of Nairobi & Another [2021] eKLR
Parties: Kaps Parking Limited and another vs. County Government of Nairobi and another
Outcome: The Nairobi City County Finance Act, 2018, was declared unconstitutional for failure of adequate public participation and for not being published in the Kenya Gazette and the County Gazette.
Relevance: This case underscores the importance of adhering to statutory requirements for the registration and publication of documents to ensure their legal validity.
(Source: Kenya Law ↗)
Anti-Corruption and Economic Crimes Petition E004 of 2020
Parties: Petitioner vs. 2nd and 3rd Respondents
Outcome: The court found that the respondents failed to follow the laid-down procedure for competitive and transparent procurement of construction services as required under the Public Procurement and Asset Disposal Act.
Relevance: This case highlights the necessity of following proper procedures for the registration and execution of documents to avoid legal challenges and ensure compliance with statutory requirements.
(Source: Kenya Law ↗)
5. Conclusion
The Registration of Documents Act (Cap. 285) plays a crucial role in the legal framework governing the registration of documents in Kenya. By ensuring that certain documents are registered, the Act provides legal recognition and facilitates the management and transfer of property rights. The Act's provisions, including the types of documents subject to registration, the timeframe for registration, and the procedure for registration, are essential for maintaining the integrity and reliability of the registration system. Additionally, relevant case laws underscore the importance of adhering to statutory requirements to ensure the legal validity of registered documents.
6. Sources
Answered by mwakili.com